Managing Attorney
In Texas, drug possession charges can be very serious. The possession of any amount of many substances (even the possession some forms of THC products) is charged as a felony with the potential for prison time, fines and a permanent criminal record.
Choosing the right attorney is a very important – though overwhelming – decision. Soon after being arrested for a drug possession charge, you may receive advertisements from attorneys in the mail or even by text message (which is a questionable practice). So how do you choose the right attorney for your case? What questions should you ask a drug possession attorney to make sure they are the best option for your case? This article discusses the most important questions to keep in mind when selecting a drug possession attorney.
What is the attorney’s experience with drug cases?
First and foremost, it is important to take the attorney’s experience into consideration. In order to effectively challenge a drug possession case, a drug possession lawyer should challenge every phase of the arrest and investigation – from the detention and search, to the laboratory testing and conclusion that the defendant knowingly possessed a substance. Drug possession cases can be highly specialized and involve the science of drug testing and the law of search and seizure (the law that controls whether the police acted legally in detaining a person or conducting a search that led to the discovery of drugs). As a result, an attorney should have extensive training and experience in handling all aspects of drug cases.
It is a good idea to ask a potential attorney about the number of drug cases they have handled and how much training they have received regarding drug possession cases in particular. Former prosecution experience can also be helpful as that can give an attorney an in-depth understanding of legal issues that frequently arise in drug possession cases, such as search warrants and affidavits.
How often does the attorney go to trial?
Criminal cases, including drug possession cases, are resolved by dismissal, plea or trial. The goal of any criminal case is usually a dismissal. However, if a case is not dismissed and an acceptable plea cannot be reached, a case will go to trial.
Although not every case will go to trial, some considerable percentage of cases should go to trial. A case should be set for trial in many situations, including where it is not dismissed and the facts are strong for the defense, or it is expected that the sentence will be the same even if a trial is lost (for example, if prosecutors are offering felony probation, but it is expected that the sentence will be felony probation even if a case is lost).
When evaluating a drug possession attorney, it is a good idea to ask how often they go to trial. Ask the attorney specifically when they went to trial last. It can be a bad sign if a drug possession or criminal defense lawyer rarely goes to trial and could be an indication that the client’s attorneys are taking plea offers when it may not be in their best interest to do so. The unfortunate reality is that some attorneys are too inexperienced or lazy to go to trial, even when a trial might be in their client’s best interest.
How familiar is the attorney with the court and judge?
A drug possession attorney’s familiarity with the court and the prosecutor should also be something to consider. Personal relationships matter in criminal defense and it can be an advantage to hire an attorney who is familiar with the judge, court staff and prosecutor.
Does the attorney have a clear strategy to defend the case?
When speaking with an attorney, the attorney should be able to clearly and specifically describe a strategy to maximize your chances of getting the best result in a drug possession case. As noted above, in a drug possession case, every stage of the case should be aggressively challenged – from the detention and search, to the police’s claim that the defendant had knowledge of the substance, to the work done by the laboratory. Challenging the evidence in a drug possession case can be thought of like breaking a link in a chain – if one link is broken, then the whole case may fall apart.
No attorney can guarantee how any criminal case will be resolved. However, your chances of a good result can be maximized by hiring the right attorney who employs an effective strategy to challenge every part of the prosecutor’s evidence.
How well does the attorney communicate?
One consideration that can be overlooked when selecting a drug possession attorney is their communication skills. It is important to remember that in addition to challenging the evidence and working towards a good result, a drug possession attorney’s job is also to provide guidance and advice throughout the case. This can be difficult if an attorney does not communicate well or is impatient. When selecting a drug possession attorney, it is a good idea to take note of how well the attorney listens and explains the process.
What is the attorney’s reputation?
Finally, it is a good idea to spend some time investigating a drug possession attorney’s reputation. If possible, ask other attorneys for recommendations. Also, although the internet is not always completely reliable, it can be useful to read an attorney’s reviews, and look for other qualifications, like whether they have been recognized as a Texas Super Lawyer or are Board Certified in Criminal Law.
Why is Ceja Law Firm an excellent choice for a drug possession case in Houston?
Attorney Jose Ceja is a former drug prosecutor who has handled thousands of drug possession cases in his career. He is board-certified in Criminal Law by the Texas Board of Legal Specialization – a distinction less than 10% of attorneys who practice criminal law possess. He has extensive experience defending all types of drug cases including cases alleging the possession of:
Mr. Ceja and his team regularly obtain excellent results for clients charged with the possession of drugs. If you have been arrested for the possession of any drug or controlled substance in the Houston area, call Ceja Law Firm to schedule a free consultation. Mr. Ceja and his staff are all fluent in Spanish.
